Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1887-05-27
surEsloR CouRr.


sUPERIOR COURr.
The Rivsrssds Lumbsr Company ".
asmpson s.d Ruth-Ths Jary In the
CLARK Churuhman Case Dtsa8ree cad
CONT reconvened as 5 o'clock ysstsr-
dsy afternoon, With the Chtos Sastioe
and Aus<rciato judges on the oench.
I'm modiasely Ai,er the 0peuirg the case
Of the Rivsralde Lsmber CompAny Va.
Thomas 9. HAmptoa and John Z. Ruth
vas resumed. =
Joseph Bellah vas recalled, and tes.
tiAed that after the houses we're built
M. Rath called upon him and asked
him 10 sign . rojeAse on the mechAnics'
lien for the lumber. The witness 70.
plied that he was willing TO do 30 -
5000 ~ ths ium Der wSs settled for.
Rush atsted that he Wa shout 70 neg0
tta,e q loan on the houses with party,
In ,hs country, and wOalA then settle
the claim He, however, did nos do 90,
and he. not * ssisd the cistm yet.
Mr.. Lore offered tbs deed Of the
properly /, Ruth In evidence. and said
de wouid Ysss his eAse
1T. 0AySp Suou tMoSo sot uon UAa y
on the RroAnd that ths declaration
charged thxt this material was fur
uiahed for three thfee-story houses.
when In fact tho houses were only two
story. He clsimed shat the cot said
that In cases Of mschsnics' lisn the
property nust BE- % described ~ 70 be
readily identified, which ha contended
had not bsen dous In this csso
= "a ala
died, which described the property -
belDg on she eAss side Of Linden street
near BrsAklin, and oil Osher parttcu.
lars concoraipR thsai, except that they
are only two s,ory insseAd OF three. He
olsimed tina; this was suffioient to tden.
tify sbe properly. Aod tbsEolore the Law
had bssn conpiied With.
Tss Oaief Justios decided that the
meaning OF the law was the idsntif
cation OF ths location, and not the
houees. and therefore the nox-suit was
denied.
Tlshmsn Johnson, E,q., then made
the opening to the jury Tor the defcud-
ants, after which the examination Of
witnfses WAS ooinmeaced.
Thomas 8. Hampon YVES affirmed,
aud testi6ed thas his original contract
with the Riverside Lumber Company
was for 1857 and bome oenS. He ask.
cd for sn estlmsts, aud the Ia mbsr com
psny agreed to furnish ths lum Der for
the thres houses for shat amount There
was some ltttls change InAdo In the plan
but it would not requirs
more than e10 worth Of lumber to make
it. The wissoss did not think the
amount Of lumber charged for ($52o7l)
could have been used In tho b1ildinss
Psri Of the lumber furnished by the
company WAS used In tho iences, but
the witness could no. veil how much.
He never ordered any usshboArds from
the Lumbar company, all that were used
In that property being furnished by
Bailey b HuEhs. The wituses built
some houses fer Mr. BsllAh ct Tenth and
Bennett streets, but none Of this lumber
Was used on them.
John r. Ruth was affirmed, and tes-
t.hed that about the time the houses
were being flashed be called ct the
office Of the lumber company to see
Mr.. Bellah. and ASCERTAIN how much
was standing against Mr.. Hampton on
his property. He had tse money in his
pocket to pay MIR. Bsilnh and get o 70.
lesse, but he was rut. He saw MI
one of the clerks. and with
him wsnt over the ledger. The account
~ he found II there WAS S125 and some
oents, hut Mr.. Richardson said he did
not thlnk 1t WAS sll ARsinss ths wispess'
property. He Afterwards sAw Mr.. Bel
lnh, and he said he could not tell how
much the account vas. and the witness
asked him II he wonld be safe in pay
Ing Hampton. He replied that be
would, ~ he WAS working for then,
and he would charge him with the
amount The witness the u paid Hamp.
ton In full, and advanced $l60 on the
lumber account, but upon learning that
. lien had been placed upon the prop.
erty he stopped p~J ing HIM,
On cross-examtnation by Mr.. Lore,
the witness denied ever having said
any thing to Mr.. Bellah about getting a
release for the purpose Of negotiating o
loan on the properly. When he heard
that the company had entered lien on
the property he made no further effort
to obtain y relesse, as he knew 1t was
OF no use. He obtained releases from
all the others who furnished materials,
and thought, accordiog TO what Mr..
Bellah said, that II he paid Mr Hamp.
ton, he would obtain his release from
them.
Mr.. Hayes said he would rest his
case, and Mr. Lore recalled Joseph Bel
lab in rebuttal. Hs said tast the wAsh
bosrds obtained 'FRONT.' EaileY 81 Hughs
were not charged Oh Rutt's bill. He
did not tell Ruth that II he paid the
money to Hampton 1t would be all
right, as he had nothing to do with tho
houses at Tenth and Bennett etreets.
Tbs contract for them Was made by T.
s. Bsllah, and tho witness had nothing
TO do with them,
John B Joprson vas sworn. and
testified that 1t takes from 500 to S295
worth OF lum ber to build house such
~ those at Linden and franklin streets.
These houees have porches, and of
course taAe more lumber tnAl those
without.
Mr.. Emmons M ade the opening arsu.
ment 10 the jury for ths plantit, and
WAS followed by Mr. HAYES for the de-
PENDANTS. Wbsp Is u,,stt, Mr.. Lore
addrees d the jnr5 tor The piantif and
b I'D not com plattd his argums snt when
court took reoese until 10 O'clock this
morning.
Shortly after 8 O'Clock a ncte was
handed to the Chief Jucsioe from the
jury In the cass of Philip II aud Eoi NJ a
A. Clark. VS.. Henry l.. Cburuh man,
stating rhat after several hours de-
Liberation, 1t was impossible for the m
to agree, hs they stood just the same AS
when they wen, out
MtssEs. Higsine. Nields aud Brad
ford, the counsel who had spreaIed In
tho case. were sent for, and the note
tead to them. when Measrs. Nields and
Bradford said that 40 there seemed to be
no possibility Of an agreement they
we're satisfisd to have the jury dis
charged.